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One focus of Ken’s response to Eric Posner’s Slate piece is Eric’s claim that “the United States has invoked a new idea of the ‘unable or unwilling’ country, one that outside powers can invade because th...
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Two more amicus briefs were filed, today and yesterday, respectively, in the case of Al-Nashiri v. MacDonald.
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Jack mentioned Eric Posner's new article in Slate announcing that US drone strikes in Pakistan are illegal under the UN Charter because, among other things, they lack genuine consent from Pakistan and th...
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As a counterpoint to the much-noted critical study of drones in Pakistan from the clinics at NYU and Stanford, I recommend this piece by Joshua Foust of the American Security Project, which is sympathet...
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Eric Posner has a piece in Slate which argues – based on this report in the WSJ about the ever-thinner forms of consent by Pakistan to USG airstrikes in that country – that the United States is making a ...
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This slipped by me on Friday, when I was in Cambridge plotting the next phase of Lawfare's expansion. The D.C. Circuit has issued an unredacted opinion in this case, Ameziane v. Obama, which actually cam...
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Yesterday, we promised to be in attendance during today's argument session in Khairkhwa v. Obama
And this morning, yours truly sat through two standard-issue D.C.
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A reminder that tomorrow morning will see argument before the D.C. Circuit in the case of Khairkhwa v. Obama. In short, the case concerns a Taliban functionary who claims to have played a civilian---not...
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Earlier this week, the Supreme Court decided not to review the case of Suleiman v. Obama. No surprise there; the justices hardly seem to wish to wade into detention issues these days.
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Earlier today I argued that a Romney administration would not pursue significantly different counterterrorism policies than a second Obama administration. Below I note three caveats to this claim, and I...
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Further to Bobby's and my posts on news reports of US government discussions around ways to address groups such as AQIM taking root in Africa - including discussion of US military and intelligence advise...
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Today marks the five-month anniversary of the oral arguments before the D.C. Circuit in United States v.